HomeMy WebLinkAbout052316_ca02Consent Agenda
Commissioners Office
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
TO:
FROM:
DATE:
SUBJECT:
STATEMENT OF ISSUE:
AGENDA REQUEST
Board of County Commissioners
Philip Morley, County Administrator
Leslie Locke, Executive Assistant
May 23, 2016
AGREEMENT re: 2016 Hotel Motel Grant Funding; In the Amount of
$9,170; Emerald Towns Alliance
This agreement provides grant funding for 2016 to certain non-profit agencies for the promotion of tourism
and ongoing preservation of Jefferson County's heritage. This funding has been budgeted from the Hotel
Motel (Lodging Tax) Fund.
FISCAL IMPACT:
Emerald Towns Alliance: $9,170
RECOMMENDATION:
Approve and sign the agreement.
REVIEWED BY :
r Date: otyAdmini
AGREEMENT FOR 2016 HOTEL -MOTEL FUNDING FOR TOURISM SERVICES
EMERALD TOWNS ALLIANCE
This Agreement is by and between Jefferson County (hereinafter known as "County" and
the Emerald Towns Alliance (hereinafter known as "ETA").
WHEREAS, ETA is a non-profit corporation of the State of Washington; and
WHEREAS, the County desires to promote tourism in unincorporated Jefferson County, as
authorized by Chapter 67.28 RCW and Jefferson County Code Chapter 3.25; and
WHEREAS, the Jefferson County Lodging Tax Advisory Committee reviewed and
recommended funding the lodging tax proposal by the Emerald Towns Alliance for the 2016
Brinnon ShrimpFest to promote tourism in the unincorporated area of Jefferson County;
IN CONSIDERATION of the mutual covenants and agreements herein it is agreed by the
parties as follows:
SECTION 1: SERVICES TO BE PERFORMED
ETA shall use its capabilities and utilize up to $9,170 of reimbursement funding provided under
this Agreement for the 2016 Brinnon ShrimpFest, restricted to reimbursing the net increases for all
eligible items within Operating Expenses and Program Services Expenses, such items as listed in
the proposed Lodging Tax budget, a copy of which is incorporated herein as Exhibit A. Increased
expenditures in 2016 shall be measured as the sum of actual documented expenditures for all
eligible line items within Operating Expenses and Program Service Expenses in 2016, compared
with the sum of all reported 2015 Actual expenditures for those same line items as shown in
Exhibit A. The combined net expenditure increase for all listed Operating Expenses and
Program Services Expenses that is eligible for reimbursement under this Agreement is $9,170.
ETA's 2016 Program Services Expenses shall include at least $1,500 of documented increases in
ETA 2016 expenditures on Advertising for the 2016 Brinnon ShrimpFest. Community Support
Expenses are not eligible for reimbursement under this Agreement.
SECTION 2: RESPONSIBILITIES OF THE EMERALD TOWNS ALLIANCE:
Activity Report: On or before July 31, 2016, ETA shall provide to the County a report of
the use, services, programs and activities of ETA under this Agreement for the 2016
Brinnon ShrimpFest;
2. Financial Reports: On or before July 31, 2016, ETA shall provide to the County a financial
statement detailing revenues, expenses and cash balances for the 2016 Brinnon ShrimpFest.
On or before October 31, 2016; and January 31, 2017, ETA shall update and submit the
Page: 1 of 10 Emerald Towns Alliance
financial statement for any additional revenues, expenses and cash balances. For the
January 31, 2017, report, the financial statement shall also include a detailed financial
statement for all 2016.
3. ETA shall provide to the County billing statements requesting payment of Hotel -Motel
Funding as reimbursement for documented expenditures on net expenditure increases for
services as authorized by Section 1 together with Exhibit A of this Agreement.
4. For a minimum of six (6) years, ETA shall maintain documented proof of payments
made, contracts executed, and other expenditures authorized under this Agreement. Upon
reasonable notice, ETA shall provide access to County or State representatives to audit
those records.
5. Funding provided by this Agreement may only reimburse the net expenditure increases
for services as authorized by Section 1 together with Exhibit A of this Agreement. Any
monies used to reimburse other expenditures, services or purposes shall be refunded to
Jefferson County. Any monies under -expended of the total funding allocated under this
Agreement shall be refunded to Jefferson County by January 31, 2017.
6. By February 28th of each year ETA shall provide the County the following information on
Exhibit B, attached hereto and incorporated by reference for the previous year.
a. Each festival, event, or tourism facility owned and/or operated by ETA.
b. The amount of lodging tax revenue allocated for expenditure (whether actually
expended or not) by ETA on each festival, event or tourism facility.
c. Estimated number of tourists served at each festival, event or tourism facility. ("Tourist"
includes persons traveling more than 50 miles to the location of the event, festival or
facility and overnight stays in the area).
d. Estimated lodging stays. ("Lodging" refers to commercial lodging such as hotels,
motels, resorts, bed and breakfasts, or commercial campgrounds).
e. Measurements that demonstrate the impact of increased tourism attributable to the
event, festival or facility.
SECTION 3: RESPONSIBILITY OF Jefferson County
1. The County will reimburse ETA with funding from Hotel -Motel Tax receipts for actual
documented combined net expenditure increases for services as authorized under this
agreement.
2. Said reimbursement is in the sum of up to $9,170 in 2016. Payment is to be predicated on
submittal of documented net increases in eligible expenditures consistent with Section 1 and
submittal of reports defined in Section 2. Payment for eligible expenditures will be made by
the County upon receipt of an invoice on the next available billing cycle.
Page: 2 of 10 Emerald Towns Alliance
SECTION 4: TERM
This Agreement shall be for a term commencing on March 1, 2016 and ending on December 31,
2016, except for the reports referenced in Section 2, due January 31, 2017 and February 28, 2017.
Eligible expenditures made on or after March 1, 2016 and prior to the execution date of this
Agreement are hereby ratified.
SECTION 5: ASSIGNMENT
Either party to the agreement shall not assign this Agreement, except by signed amendment by both
parties.
SECTION 6: MODIFICATION
This Agreement may be modified by mutual written agreement executed by both parties.
SECTION 7: TERMINATION
The Agreement may be terminated, in whole or in part, by the County upon thirty (30) days written
notice in the event expected or actual revenue from the Hotel -Motel Tax is reduced or limited in
any way, or for non-performance of duties under this Agreement, or for any reason. ETA may
terminate this Agreement upon thirty (30) days written notice to the County. In the event of
termination under this clause, the County shall be liable to pay only for services rendered prior to
the effective date of termination. If termination covers a period for which payment has already been
made, ETA shall refund to the County a pro -rated share of the payment based upon the balance of
time remaining in the paid period, unless otherwise negotiated.
SECTION 8: HOLD HARMLESS
ETA shall indemnify and hold the County, and its officers, employees, and agents harmless from
and shall process and defend at its own expense, including all costs, attorney fees and expenses
relating thereto, all claims, demands, or suits at law or equity arising in whole or in part, directly
or indirectly, from ETA's negligence or breach of any of its obligations under this Agreement;
provided that nothing herein shall require ETA to indemnify the County against and hold
harmless the County from claims, demands or suits based solely upon the conduct of the County,
its officers, employees and agents, and; provided further that if the claims or suits are caused by
or result from the concurrent negligence of: (a) ETA's agents or employees; and, (b) the County,
its officers, employees and agents, this indemnity provision with respect to claims or suits based
upon such negligence, and/or the costs to the County of defending such claims and suits, etc.,
shall be valid and enforceable only to the extent of ETA's negligence, or the negligence of ETA's
agents or employees.
Page: 3 of 10 Emerald Towns Alliance
ETA specifically assumes potential liability for actions brought against the County by ETA's
employees, or any other persons engaged in the performance of any work or service required of
ETA under this Agreement and, solely for the purpose of this indemnification and defense, the
Contractor specifically waives any immunity under the state industrial insurance law, Title 51
RCW. ETA recognizes that this waiver was specifically entered into pursuant to provisions of
RCW 4.24.115 and was subject of mutual negotiation.
SECTION 9: INSURANCE
ETA shall obtain and keep in force during the term of the Agreement, or as otherwise required, the
following insurance with companies or through sources approved by the State Insurance
Commissioner pursuant to RCW 48.
ETA shall maintain Workers' Compensation coverage as required under the Washington State
Industrial Insurance Act, RCW Title 51, for all ETA employees, agents and volunteers eligible
for such coverage under the Industrial Insurance Act.
SECTION 10: INDEPENDENT CONTRACTOR
ETA and the County agree that ETA is an independent contractor with respect to the services
provided pursuant to this agreement. Nothing in this agreement shall be considered to create the
relationship of employer and employee between the parties hereto. Neither ETA nor any
employee of ETA shall be entitled to any benefits accorded County employees by virtue of the
services provided under this agreement. The County shall not be responsible for withholding or
otherwise deducting federal income tax or social security or for contributing to the state
industrial insurance program, otherwise assuming the duties of an employer with respect to ETA,
or any employee, representative, agent or contractor of ETA. ETA shall be responsible for all
applicable withholdings, deductions, state industrial insurance, tax reports, business licenses,
registrations, and all other obligations of an independent organization.
SECTION 11: COMPLIANCE WITH LAWS
ETA shall comply with all Federal, State, and local laws and ordinances applicable to the work to
be done under this Agreement. This Agreement shall be interpreted and construed in accord with
the laws of the State of Washington and venue shall be in Jefferson County, Washington.
SECTION 12: DISCRIMINATION PROHIBITED
ETA with regard to the project to be completed under this agreement, will not discriminate on
the grounds of age, sex, marital status, sexual orientation, race, creed, color, national origin,
honorably discharged veteran or military status, or the presence of any sensory, mental, or
physical disability or the use of a trained dog guide or service animal by a person with a
disability, unless based upon a bona fide occupational qualification in the selection and retention
of employees, materials, supplies, contractors or subcontractors.
Page: 4 of 10 Emerald Towns Alliance
SECTION 13: INTEGRATED AGREEMENT
This agreement together with attachments or addenda represents the entire and integrated
agreement between the County and ETA and supersedes all prior negotiations, representations, or
agreements written or oral. This agreement may be amended only by written instrument signed
by both the County and ETA.
APPROVED and signed this day of May, 2016.
Jefferson County
Attest: BOARD OF COMMISSIONERS
Carolyn Avery, Kathleen Kler, Chair Date
Deputy Clerk of the Board
Approved as to F rm:
a,l�, 14
David Alvarez,
Chief Civil Deputy Prosecuting Attorney
EMERALD TO ALLIANCE
Authorized Official Date
Page: 5 of 10 Emerald Towns Alliance
EXHIBIT A
Proposed 2016 Emerald Towns Alliance Lodging Tax Budget
* At least $1,500 of documented increased expenditures shall be for documented increases in
expenditures on Advertising, as described further, below.
Page 6 of 10 Emerald Towns Alliance
Potential Cost
Increase
Expenses
2015
2016
Eligible for
(Actual)
(Projected)
Lodging Tax
Reimbursement
Operating Expenses
Bank Service Fees
$
110
$
150
Office Supplies
$
350
$
350
Travel
$
120
$
150
Storage Rental Fees
$
550
$
550
Subttl Op'g Exp
$
1,130
$
1,200
$ 70
Program Services Expenses
Advertising*
$
2,500
$
4,000
$ 1,500*
Festival Entertainment
$
4,200
$
5,000
Event Insurance
$
2,700
$
3,000
Cost of Merchandise
$
8,700
$
10,300
Permits
$
120
$
320
Services for Event
$
4,300
$
5,500
Utility Costs for Event
._.. o
$
780
$
1,000
Event Supplies _
$
1,100
$
1,500
Volunteer Expense
$
350
$
350
Race Track Rebuild
$
-
$
2,880
Subttl Prgm Svc Exp*
$
24,750
$
33,850
$ 9,100
Community Support
Community Support Disbursements
$
10,000
$
16,700
Pending Disbursements
$
6,700
$
-
Subttl Com Sprt Exp
$
16,700
$
16,700
$ -
TOTAL
$
42,580
$
52,870
$ 9,170
* At least $1,500 of documented increased expenditures shall be for documented increases in
expenditures on Advertising, as described further, below.
Page 6 of 10 Emerald Towns Alliance
Summary: comparing expenditures for 2015 as reported above against actual documented
expenditures in 2016:
• Maximum combined Operating Expenses and Program Services Expenses net
expenditure increase in 2016 that is eligible for reimbursement under this Agreement: $
9,170.
• Community Support Expenses are not eligible for reimbursement under this
Agreement.
• Total potential reimbursements for 2016 under this Agreement: $9,170.00
Within Program Services Expenses, at least $1,500 shall be for documented increases in
expenditures on Advertising, such as the following:
Potential new advertising expenditures in 2016, such as:
• NW Travel & Life Magazine (regional events guide / sponsored content E -newsletter)
• Experience WA — (Eblast Newsletter Digital Platform)
• Portland Monthly Magazine - Tripster (Weekend Getaways section)
• South Sound Magazine
• Edible Seattle
• The Foodie
Potential expanded advertising expenditures in 2016, such as:
•
McKenzie News Service -"Great Events
• Kitsap Sun
Media Guide"
• Sound Media
•
Olympic Peninsula Tourism
• WFEA Events Calendar (Printed
Commission
Publication)
•
Festivals And Shows
• Olympic Culinary Loop
•
Festival Network Online.
• Whidbey Island Air Base
•
OutdoorsNW
• Naval Station Bremerton
•
Washington Fairs And Festivals
• Naval Submarine Base Bangor
•
Festivals and Events
•
Fairs & Festivals
•
King5 News
•
Craftmaster News
•
Port Townsend Guide
•
Festivals Directory Northwest
•
Events N Festivals
•
WhoFish
•
The Stranger
•
Seattle Times
•
Port Townsend Leader
•
Peninsula Daily News
•
Port Townsend Gathering Place.
•
Seattle City Pass
•
Experience WA
•
Peninsula Daily News South County
Reporter
Page 7 of 10 Emerald Towns Alliance
Exhibit B
Jurisdiction Lodging Tax Reporting Form - To Be Submitted to Jefferson
County Administrator's Office
No Later than February 28th of each Year
PART A
All organizations are required to fill out this form:
Organization: Year:
Total Lodging Tax Revenue Received:
2. Amount used by your organization or non-profit organizations exempt from taxation
under IRS 501 (c)(3) or 501 (c)(6) codes: $
PART B
Organizations receiving funding to promote festivals, special events and tourism -related
activities through tourism -related facilities owned or sponsored by non-profit organizations or
the local jurisdiction are required to complete the attached form for EACH activity.
Name of individual who prepared report:
Phone #: E-mail address:
RETURN THIS FORM TO:
Jefferson County Administrator's Office
P.O. Box 1220
Port Townsend, WA 98368
No later than February 28' of each year reporting
Page 8 of 10 Emerald Towns Alliance
PART B
Organizations receiving funding to promote festivals, special events and tourism -related activities
through tourism -related facilities owned or sponsored by non-profit organizations or the local
jurisdiction are required to complete this form for EACH activity.
Activity Name:
Activity Type (Check One):
= Event/Festival* Facility* = Marketing*
Activity Start Date*: Activity End Date*
Amount Requested: $ Amount Awarded: $ Total Cost of Activity: $
Overall Attendance*:
Projected*
Actual*
Methodology* (Check One):
eDirect Count* Indirect Count* Representative Survey*
Informal Survey* e Structured Estimate* Other:
Total # of Attendees Who Traveled 50 Miles or More*:
Projected*
Actual*
Methodology* (Check One):
Direct Count*
Indirect Count*
Representative Survey*
Informal Survey*
R
Structured Estimate*
Other:
Of that Total, # of Attendees Who Traveled
From Another State or Country*:
Projected*
Actual*
Methodology* (Check One):
Count*
Indirect Count*
Representative Survey*
eDirect
Informal Survey*
e Structured Estimate*
Other:
Attendees Who Stayed Over Night — Paid Accommodations*:
Projected*
Actual*
Methodology* (Check One):
Direct Count*
Informal Survey
Indirect Count*
R Structured Estimate*
Representative Survey*
Other:
Attendees Who Stayed Over Night — Un
-Paid Accommodations*:
Projected*
Actual*
Methodology* (Check One):
Direct Count*
Indirect Count*
Representative Survey*
Informal Survey*
Structured Estimate*
Other:
Paid Lodging Nights*:
Projected*
Actual*
Methodology* (Check One):
Direct Count* Indirect Count* Representative Survey*
Informal Survey* r7 Structured Estimate* ROther:
*See LTAC Yearly Reporting Definitions/Instructions below
Page 9 of 10 Emerald Towns Alliance
LTAC Yearly Reporting
Definitions/Instructions
Activity Type: Event/Festival: Short-term activity occurring between specific dates (e.g., 4th of July celebration, local marathon)
Facility: Municipally -owned facility that operates some or all of the year (e.g., county historical museum, convention
center)
Marketing: Activity that provides information to encourage visitors to an area; is typically a year-round activity but
may also operate for less than a full year.
Activity Date: Activity beginning and ending dates.
Actual: Persons estimated to have actually participated in event/festival or visiting a facility. For marketing activity, enter
the number of persons estimated to have actually visited area as result of marketing activity.
Projected: Persons expected to participate in event/festival or visiting a facility. For marketing activity, enter the number of
persons expected to visit area as result of marketing activity.
Methodology: Select the methodology used to estimate the actual number of visitors/participants.
Direct Count: Actual count of visitors using methods such as paid admissions or registrations, clicker counts at
entry points, vehicle counts or number of chairs filled. A direct count may also include information collected directly
from businesses, such as hotels, restaurants or tour guides, likely to be affected by an event.
Indirect Count: Estimate based on information related to the number of visitors such as raffle tickets sold, redeemed
discount certificates, brochures handed out, police requirements for crowd control or visual estimates.
Representative Survey: Information collected directly from individual visitors/ participants. A representative
survey is a highly structured data collection tool, based on a defined random sample of participants, and the results
can be reliably projected to the entire population attending an event and includes margin of error and confidence
level.
Informal Survey: Information collected directly from individual visitors or participants in a non-random manner
that is not representative of all visitors or participants. Informal survey results cannot be projected to the entire
visitor population and provide a limited indicator of attendance because not all participants had an equal chance of
being included in the survey.
Structured Estimate: Estimate produced by computing known information related to the event or location. For
example, one jurisdiction estimated attendance by dividing the square footage of the event area by the international
building code allowance for persons (3 square feet).
Other: (please describe)
Overall Attendance: Total projected and estimated actual attendance recorded for event, facility or resulting from marketing activity.
Total Attendees Traveling 50 miles or more:
Total: Total projected and estimated actual number of visitors traveling more than 50 miles to attend event or facility. For
marketing organizations, report visitors traveling more than 50 miles to visit area.
Of total, attendees who traveled from another state or country: Of the total projected and estimated actual number of
visitors traveling more than 50 miles to attend event or facility or visit area, report projected and estimated actual number of
visitors who traveled from another state or country.
Attendees who stayed overnight:
Paid Accommodations: Total projected and estimated actual number of visitors staying in paid lodging establishments such
as hotels, motels, bed and breakfasts, etc.
Unpaid Accommodations: Total projected and estimated actual number of visitors staying in unpaid accommodations such
as family and friends.
Paid Lodging Nights: Total projected and estimated actual number of paid lodging nights. One Lodging night = one or more persons
occupying one room for one night.
Page 10 of 10 Emerald Towns Alliance